29 Mar, 2024
1 min read

Alberta lawyers agree to end legal aid job actions

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Alberta criminal lawyers have voted to end job action in which they were refusing to take on legal aid certificates, following the province’s decision Wednesday to increase their hourly compensation by 25 per cent.

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In a news release Thursday, the Criminal Defense Lawyers Association in Calgary, the Criminal Trial Lawyers Association out of Edmonton, the Red Deer Criminal Lawyers Association and Lethbridge’s Southern Alberta Defense Lawyers Association jointly announced they were pausing their five-month-long job action in light of the increase.

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Justice Minister Tyler Shandro announced Wednesday the hourly rate for lawyers would be increased from $100 to $125 effective Jan. 1.

The increase follows a bump in October from $92.40 per hour made possible by increased federal funding.

The total increase in amounts to a more than 35 per cent increase in the hourly rate.

“We would like to thank Minister Shandro for sitting down with our

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Criminal Lawyers’ Association calling on Ontario for more funding for legal aid

TORONTO — The Criminal Lawyers’ Association is calling on the Ontario government to boost the province’s legal aid program, saying insufficient funding is leading to more accused of being unrepresented and discouraging young lawyers from staying in defense law.

The association, which wrote to the province last month seeking a funding model that keeps pace with the cost of living, said it’s set to meet with the government next week to discuss the issue.

Association president Daniel Brown said stagnant legal aid funding has led to many accused of having to represent themselves in Ontario courts because they don’t qualify for the program, which in turn leads to inefficiency in the justice system and places an extra burden on the courts.

“This is just a system in crisis,” Brown said in an interview on Tuesday.

Cases involving unrepresented accused can take three or four times longer than cases with criminal defense lawyers, Brown said.

“We have judges who have to spend time teaching self-represented accused persons how to defend themselves. They have to equip them with the knowledge and they have to spend extra time with them in courts,” he said.

“(The accused) have long meandering questions and convoluted legal applications that often don’t go anywhere because they don’t know what they’re doing. It’s like the equivalent to somebody trying to do their own open heart surgery. It’s a recipe for disasters.”

The low income cutoff for legal aid falls well below the poverty line, Brown noted.

“Somebody who is making a minimum wage job would not qualify for legal aid,” he said. “Quite frankly, they wouldn’t have any hope of paying for private counsel, especially in the complex cases in the Superior Court.”

Betty Vavougios, president of Ontario Crown Attorneys’ Association said court runs less efficiently when accused

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2 mins read

Opinion: Alberta’s legal aid system is being starved of funding

Deborah R. Hatch is director of the Canadian Council of Criminal Defense Lawyers and past president of the Criminal Trial Lawyers’ Association of Alberta

We have all heard of highly publicized wrongful convictions in Canada and elsewhere. What leads to those injustices is a complicated question.

One of the main factors identified in the many miscarriages of justice that have come to light is inexperienced or overburdened defense counsel. The criminal justice system can only function with a strong, properly funded and independent defense bar, capable of providing vigorous and effective representation.

Over many decades, the Alberta criminal justice system, while certainly not perfect, has functioned well.

Prosecutors paid by the provincial government have represented the interests of the state, and defense lawyers have provided legal representation to accused persons. Those who are able to retain a lawyer on their own do so.

Since 1973, the Legal Aid Society of Alberta has provided representation to indigent persons and the working poor, paid for with funding from the province and other sources. The program provides legal representation not only to accused persons, but also to abused women, refugees and others.

But today, the legal aid system is being starved. Contrary to the Alberta government’s claims that legal aid funding has increased since 2015, Alberta’s Legal Aid funding has actually decreased dramatically over the past few years.

As a result, thousands of Albertans cannot qualify for representation due to strict guidelines that fail to keep up with changes in the economy. Those who do qualify are represented by lawyers who are not paid for many hours of the work they do. And for those hours for which they are paid, the rate has not increased in seven years, and does not cover much beyond office overhead.

The steps being taken by

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Editorial by legal aid president called ‘vile,’ prompts calls for resign

Lawyers in Calgary protest the lack of progress in their fight with the provincial government for increased legal aid funding, (Colleen Underwood/CBC - image credit)

Lawyers in Calgary protest the lack of progress in their fight with the provincial government for increased legal aid funding, (Colleen Underwood/CBC – image credit)

An opinion piece published in a Calgary newspaper by the president of legal aid sparked fury on Friday, spurring calls from a prominent Alberta lawyers’ group for his resignation.

The piece came as dozens of lawyers walked out of courthouses across the province to protest the lack of progress in their fight with the provincial government for increased legal aid funding.

Legal Aid Alberta (LAA) president John Panusa penned an editorial published Thursday in the Calgary Herald which attacked the organization’s “roster lawyers” — counsel who takes legal aid cases.

Panusa wrote that LAA is “OK” and has “sufficient funds” to support its services.

The piece elicited a strong reaction amongst some in the legal community. In a Tweet on Thursday, defense lawyer Chad Haggerty described Panusa’s piece as “vile, tone deaf, uninformed.”

Following Panusa’s public comments, there were calls for his resignation, a demand LAA refused to comment on.

“Albertans deserve a legal aid CEO that is going to fight for them,” said Criminal Trial Lawyers Association president Danielle Boisvert on Friday.

“If you aren’t willing to do what is right, Mr. Panusa, if you aren’t going to fight for the most vulnerable people in this province, then what Albertans deserve is your resignation.”

Calgary’s Criminal Defense Lawyers’ Association (CDLA) is protesting what it describes as the “critical underfunding of access to justice.”

Kory Siegers/CBC

Kory Siegers/CBC

Lawyer and protest organizer Kelsey Sitar said Panusa’s messaging ignores the fact that LAA on free or underpaid work from its roster lawyers and fails to provide many services that should be covered, leaving vulnerable Albertans to face the court system alone.

“It is the government that is

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1 min read

Alberta criminal defense lawyers escalate job action in legal aid battle

Criminal defense lawyers escalated job action Thursday in an ongoing dispute with the provincial government over the amount of compensation paid by Legal Aid Alberta.

Four organizations representing lawyers in Edmonton, Calgary, Red Deer and southern Alberta began job action Aug. 8 by refusing to accept certain bail and duty counsel files from legal aid.

The latest move ups the ante.

“We will also begin refusing certificates for new cases for the most serious criminal charges, including sexual offenses, most firearms-related crimes and homicides,” said the statement on behalf of the groups.

“With defense lawyers no longer willing to prop up a broken system, our courts will be swamped with more and more self-represented persons. Matters will take longer, backlogs will mount, access to justice will decline and overall system costs will increase.”

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Groups representing Alberta criminal defense lawyers to take further job action over legal aid system

The legal organizations are also planning a 90-minute walkout at courthouses in Edmonton and Calgary on Friday morning to protest the lack of progress in their fight for increased legal aid funding.

“Enough is enough. We made clear that we would no longer work most of the time for free to prop up a system that forces the most vulnerable of Albertans to accept a bargain-basement defense,” said the statement.


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Alberta criminal defense lawyer groups announce further job action over legal aid system


Alberta criminal defense lawyer groups announce further job action over legal aid system – Aug 18, 2022

Justice Minister Tyler Shandro

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Editorial by legal aid president called ‘vile,’ prompts calls for resign

An opinion piece published in a Calgary newspaper by the president of legal aid sparked fury on Friday, spurring calls from a prominent Alberta lawyers’ group for his resignation.

The piece came as dozens of lawyers walked out of courthouses across the province to protest the lack of progress in their fight with the provincial government for increased legal aid funding.

Legal Aid Alberta (LAA) president John Panusa penned an editorial published Thursday in the Calgary Herald which attacked the organization’s “roster lawyers” — counsel who takes legal aid cases.

Panusa wrote that LAA is “OK” and has “sufficient funds” to support its services.

The piece elicited a strong reaction amongst some in the legal community. In a Tweet on Thursday, defense lawyer Chad Haggerty described Panusa’s piece as “vile, tone deaf, uninformed.”

Following Panusa’s public comments, there were calls for his resignation, a demand LAA refused to comment on.

“Albertans deserve a legal aid CEO that is going to fight for them,” said Criminal Trial Lawyers’ Association president Danielle Boisvert on Friday.

“If you aren’t willing to do what is right, Mr. Panusa, if you aren’t going to fight for the most vulnerable people in this province, then what Albertans deserve is your resignation.”

Calgary’s Criminal Defense Lawyers Association (CDLA) is protesting what it describes as the “critical underfunding of access to justice.”

Dozens of Edmonton lawyers protested Friday. They say legal aid and on free or underpaid work from its roster of lawyers and many services which should be covered, are not, leaving vulnerable Albertans to face the
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1 min read

Defense lawyers to refuse serious crime files over Legal Aid Alberta funding

Four <a href=major defense lawyer associations in Alberta are preparing to take job action over what they say is a lack of funding to Legal Aid Alberta. (Nathan Gross/CBC News – image credit)” src=”https://s.yimg.com/ny/api/res/1.2/gssKTBSxnH2ghyNgWKDJwA–/YXBwaWQ9aGlnaGxhbmRlcjt3PTk2MDtoPTcyMA–/https://s.yimg.com/uu/api/res/1.2/32WWTE6.25TuVerLLucm.w–~B/aD04ODU7dz0xMTgwO2FwcGlkPXl0YWNoeW9u/https://media.zenfs.com/en/cbc.ca/4d2dca1ce36476141b2461bb2178290b”/

Four major defense lawyer associations in Alberta are preparing to take job action over what they say is a lack of funding to Legal Aid Alberta. (Nathan Gross/CBC News – image credit)

Alberta’s four major defense lawyer associations say they will be refusing serious files for legal aid starting Sept.1, until the province improves funding.

Serious crime files include all homicides, sexual offenses, firearms offenses, and dangerous offender proceedings.

The move comes after the associations — the Criminal Defense Lawyers Association, the Criminal Trial
Lawyers Association, the Southern Alberta Defense Lawyers’ Association and the Red Deer Criminal Lawyers Association — called for increased legal aid funding and expanded eligibility so more people can access legal aid.

Legal Aid Alberta (LAA) is a non-profit organization that provides legal services to Albertans in family, domestic violence, child welfare, immigration and criminal defense cases.

Danielle Boisvert, president of the Criminal Trial Lawyers Association, said defense lawyers have become disincentivized from taking on such cases.

“[Lawyers] feel that they’re being undervalued, when they could go to the province next door and make significantly more for the same type of work. It causes a brain drain out of Alberta,” Boisvert said in an interview Thursday.

Legal Aid Alberta revenue from province

Roster counsel earn a base rate of $92.40 per hour in Alberta, while those in British Columbia and Ontario earn $113.39 and $109.14, respectively. Roster lawyers have their own practice and/or work for a private law firm.

The rate discrepancies increase for lawyers in higher compensation tiers.

Boisvert also explained the issue has created a discrepancy in equity between the Crown

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1 min read

Defense lawyers vote for job action over Legal Aid Alberta funding

Over a hundred lawyers from across Alberta voted Wednesday evening to take job action in August and September.  This month — for a span of two weeks — lawyers will not provide bail services and select counsel services.  (Cort Sloan/CBC - image credit)

Over a hundred lawyers from across Alberta voted Wednesday evening to take job action in August and September. This month — for a span of two weeks — lawyers will not provide bail services and select counsel services. (Cort Sloan/CBC – image credit)

Hundreds of defense lawyers from across Alberta are set to take job action in August and September after an unsatisfactory response from the province around legal aid funding.

A Thursday press release from the Criminal Defense Lawyers’ Association of Calgary, the Criminal Trial Lawyers’ Association of Edmonton, and the Southern Alberta Defense Lawyers’ Association of Lethbridge states that through “escalating work stoppages, our members will make clear to the government that Legal Aid Alberta’s budget needs to be increased now.”

The three lawyer associations sent letters to Justice Minister Tyler Shandro in mid-July requesting a funding discussion before July 29. They released a statement the day after the deadline passed, signaling their intent to discuss next steps after receiving no response from the minister.

Ian Savage, president of the Criminal Defense Lawyers Association, said members of all three associations voted on Wednesday evening to take job action.

Savage did not provide a number for how many people voted but said “a substantial majority” from each association was in favour.

“It’s meant to bring some short-term pain to the situation of the court system, which is already at a breaking point, in order to have the government sit up and take notice that the defense lawyers are equally valid and beneficial components of the criminal justice system.”

From Aug. 9 to Aug. 18, association members will not accept any legal aid files that would require them to provide bail-related services, courtroom duty counsel, complainant counsel or cross-examination of complainant services.

“It was a balancing of deciding

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Legal aid lawyers step up job action in Alberta

A trio of Alberta lawyers’ associations are stepping up their work stoppages after receiving an unsatisfactory response from the justice minister.

On Wednesday, 100 criminal defense lawyers from Calgary’s Criminal Defense Lawyers Association, Edmonton’s Criminal Trial Lawyers Association and the Southern Alberta Defense Lawyers’ Association voted in favor of job action.

“Through escalating work stoppages, our members will make clear to the government that Legal Aid Alberta’s budget needs to be increased now,” a joint statement read on Thursday.

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Legal aid lawyers reach breaking point, request more funding from province

“When Crown Prosecutors threatened job action, the government found money to increase their salaries within weeks. When asked to stand up for impoverished Albertans in legal jeopardy, however, Minister Shandro says they can fend for themselves until 2023.”

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The associations wrote letters to Shandro about the “perpetual underfunding of Legal Aid Alberta,” demanding a response by July 29.

On Sunday, Shanro took to Twitter to say a review process is in progress “to address administrative efficiencies” and the province was willing to consider Legal Aid’s operating budgets and financial eligibility guidelines (FEGs) for applicants.

“However, that work must be done after the current review is complete and through the 2023 Budget process,” Alberta’s solicitor general tweeted.

Thursday, the defense lawyers associations said a meeting with Shandro had been offered.

“We are left wondering – to talk about what?” the joint statement said.

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A ‘broken’ system: Canadians can’t afford lawyers but don’t qualify for legal aid

The defense lawyers announced a number of escalating work stoppages.

Effective immediately, they’re withdrawing from the Legal

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2 mins read

Defense lawyers threaten job action over Legal Aid Alberta funding

The associations plan to meet on Wednesday night to discuss and vote on next steps, including the withdrawal of their services.  (Cort Sloan/CBC - image credit)

The associations plan to meet on Wednesday night to discuss and vote on next steps, including the withdrawal of their services. (Cort Sloan/CBC – image credit)

Three organizations that represent hundreds of defense lawyers in Alberta are threatening job action if the provincial government does not increase funding for Legal Aid Alberta.

The Criminal Defense Lawyers’ Association of Calgary, the Criminal Trial Lawyers’ Association of Edmonton, and the Southern Alberta Defense Lawyers’ Association of Lethbridge sent letters to Justice Minister Tyler Shandro in mid-July requesting a funding discussion before July 29.

The associations say the government is refusing to properly fund Legal Aid Alberta (LAA), a non-profit organization that provides legal services to Albertans in family, domestic violence, child welfare, immigration and criminal defense cases.

The defense lawyers I Alberta lawyers who take legal aid cases are underpaid compared to those in Manitoba, British Columbia and Ontario and that many have become crown prosecutors to obtain better compensation.

“The most minimal provision of legal aid services in Alberta is at a breaking point,” the groups said in a joint press release Saturday.

The associations plan to meet on Wednesday night to discuss and vote on next steps, including the withdrawal of their services.

Submitted by Danielle Boisvert

Submitted by Danielle Boisvert

Danielle Boisvert, president of the CTLA in Edmonton, said the job action “would have a serious, direct and immediate impact on everybody else in the justice system.”

She said without legal aid lawyers, many more Albertans would try to represent themselves in court, leading to more work for crown prosecutors and judges and increasing the possibility of wrongful convictions.

Pay discrepancies

LAA, which is mainly funded by the province, served more than 34,000 clients last year.

Boisvert said legal aid cases make up about half of most defense lawyers’ workload, but the percentage

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